When the rules do not apply

Understand when to use non-standard procurement processes.

Limited tenders for construction

The construction rules allow an Agency to conduct a limited tender to respond to critical or urgent situations. A limited tender is a tender with:

  • no competition
  • limited competition

The rules when a limited tender may be undertaken are set out at Competition and contestability (Construction instruction 3.2.1).

For clarity, a limited tender for construction may be undertaken at any time, subject to local Agency approval.

Exemptions for construction procurement

The Assistant treasurer or the Secretary to the Department of Treasury and Finance may exempt an Agency from specific or all requirements under the construction rules.

The process to apply for an exemption is set out at Exemptions (Construction Direction and Instruction 1.4).

A high bar is applied when an application for an exemption is assessed. Very few exemptions applications have been approved.

Emergency procurement for goods and services

Emergency procurement protocols and processes are invoked when one of the following declares an emergency:

  • relevant Minister
  • Accountable Officer
  • Chief Procurement Officer

The Governance – Goods and services policy sets out how procurement may be performed to respond to an emergency.

Exemptions for goods and services procurement

In some cases, an Agency may apply for an exemption from a state purchase contract.

The process to apply for an exemption is set out in Apply for a goods and services exemption.

Non-procurement activities for construction

The activities listed at Application of these Directions (Construction Direction 1.3) list non-procurement activities when undertaking construction procurement.